Divorce and Dissolution of Civil Partnerships

Overview

The purpose of this consultation is to invite your opinions on how our current laws on divorce and on the dissolution of civil partnerships might be amended.

Divorce and the dissolution of a civil partnership can be a stressful and sometimes acrimonious process both for the parties involved and for those close to them, particularly their dependent children. Moreover, stress, animosity and other such ill effects can be lasting. This is the principal reason the law of divorce and dissolution is under review-to identify possible changes that aim to make the experience of divorce and dissolution less challenging and potentially damaging for all concerned.

This consultation explains the background to divorce and dissolution in the North, in neighbouring jurisdictions, previous reviews, the NI Assembly debate, previous stakeholder engagement, and policy options.

The consultation document can found at www.finance-ni.gov.uk/consultations

Three broad options for current policy on divorce and dissolution have been identified:

1. An end to fault-based divorce and a move to a system of no-fault divorce based solely on evidence of separation.
2. The introduction of an administrative, no-fault system similar to that of England and Wales.
3. No fundamental change is made to the current, substantive law on divorce and dissolution.

The following questions have been prepared as a guide and to structure your response but are not intended to be exhaustive or prescriptive. If you have opinions on the current law on divorce and dissolution that you feel are not covered by the questions provided, please let us know your views at question 17.

The questions have been grouped into two categories, The first refers to fundamental changes to the current law on divorce and dissolution. The second category features, less fundamental, more procedural, or administrative changes.